Guidance

Employment tribunals: the judgment T426

Updated 5 February 2024

Introduction

Please contact a tribunal office or the Customer Contact Centre if you would like a copy of this publication in an alternative format:

• England and Wales: 0300 323 0196
• Welsh Speakers: 0300 303 5176
• Scotland: 0300 790 6234

Judgments issued to parties from February 2017 are published on the online public register.

Presidential guidance

Under the Employment Tribunal Rules the Presidents of the Employment Tribunals in England and Wales and Scotland may issue presidential guidance. The aim of that guidance is to improve consistency in the way Employment Tribunals manage cases and enable the parties to better understand what is expected of them and what to expect.

It is not binding but should be followed where possible.

Read the presidential guidance issued by both presidents.

Publication of Employment Tribunal judgments

Regulation 14(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations (S.I. 2013/1237) (the Regulations) requires the Lord Chancellor to maintain a register of all judgments (including written reasons) issued by Employment Tribunals. The contents of the register are made available for public inspection.

The vast majority of judgments issued to parties must be published on the register.

The Employment Tribunal Rules of Procedure (the Rules) are set out in Schedule 1 of the regulations. An Employment Tribunal has the power, under Rule 50 to make an order with a view to preventing or restricting the public disclosure of any aspect of the tribunal proceedings but it can only make such an order if one or more very strict conditions are met. Rule 50 gives more detail about these conditions.

Under Rule 50 it is possible for an Employment Tribunal to make an order which places restrictions on what may be published in the register. This can include, for example, an order which anonymises the name of one or more individuals referred to in the judgment.

Anyone who wishes to apply for an order under Rule 50 should do so as early as possible in the tribunal proceedings. Any application of this type can be made in writing or at any hearing.

Challenge the tribunal’s judgment

Employment Tribunal judgments may be changed only:

• if the tribunal decides, at the request of either party or on its own initiative to reconsider the judgment
• after an appeal by one of the parties (see below)

Get the tribunal to reconsider the judgment

You can apply to the tribunal to ask it to reconsider a judgment. On reconsideration the original decision may be confirmed, varied or revoked. If it is revoked it may be taken again.

You can apply to have the judgment reconsidered orally at the end of the hearing or within 14 days of the date on which the judgment was sent to you by the tribunal office or within 14 days of the date on which the written reasons were sent (if later).

Your application for a reconsideration of the judgment must, unless it was made in the course of the hearing, be made in writing and must be copied to all the other parties. An Employment Judge may extend the time limit for making an application for a reconsideration of a judgment.

In your application you must set out why it would be in the interests of justice for the original decision to be reconsidered. Your application will be considered by the employment judge who heard the case who may refuse it if they think there is no reasonable prospect of the judgment being varied or revoked.

If the application is not refused, it will be sent to the other parties, who will be asked for their views on whether the application can be dealt with by the Judge without a hearing. Once replies are received the Judge will decide whether your application for a reconsideration of the judgment requires a hearing. If it does, you will be notified when and where to attend in due course.

A tribunal will only reconsider any judgment where it is necessary in the interests of justice to do so.

The interests of justice do not mean a judgment or decision will be reconsidered just because you disagree with it. Something must have gone wrong at or in connection with the hearing or something has happened since the hearing which makes the judgment or decision unjust. If you apply for a reconsideration based on new evidence you must explain why the evidence was not available before and include a full statement of the evidence which you want to introduce. The tribunal has the power to refuse to reconsider the judgment, confirm it, vary it or revoke it. An application for reconsideration does not change the time limit for making an appeal and you may appeal while waiting for the result of the application.

Appeal against the tribunal’s judgment

If you believe that the tribunal has reached the wrong judgment because it has made an error of law, you can appeal to the Employment Appeal Tribunal (EAT).

The grounds for appeal may be that:

• the tribunal has made a mistake in the application of the law
• the judgment was one which no reasonable tribunal could have reached

Further guidance on lodging an appeal can be found in the guide I want to appeal to the Employment Appeal Tribunal – T440 and the Practice statement: Notices of Appeal and Skeleton Arguments.

You can get an appeal form from:

Employment Appeal Tribunal
7 Rolls Buildings
Fetter Lane
London
EC4A 1NL

Or, in Scotland from:

Employment Appeal Tribunal
George House
126 George Street
Edinburgh
EH2 4HH

If you have any questions about the appeal you should address them to the Registrar of the EAT. You can also get appeal forms and general information about the EAT on GOV.UK.

You must send a copy of any claim and response, the tribunal judgment and the written reasons for the judgment with your notice of appeal or an explanation as to why any missing document is not included. Find out how to ask for written reasons for the judgment.

You must serve a valid notice of appeal on the EAT at:

Employment Appeal Tribunal
7 Rolls Buildings
Fetter Lane
London
EC4A 1NL

Or, in Scotland from:

Employment Appeal Tribunal
George House
126 George Street
Edinburgh
EH2 4HH

There are strict time limits, which you must observe, for making any appeal.

Where the judgment contains written reasons you must appeal within 42 days of the date on which the judgment was sent to you.

Where the judgment does not contain written reasons you should request them from the tribunal within 14 days of the date on which the judgment was sent to you and you must then appeal within 42 days of the date on which the written reasons are sent to you.

Where the judgment does not contain written reasons and you do not request them within 14 days of the date on which the judgment was sent to you, you must appeal within 42 days of the date on which the judgment was sent to you with an explanation as to why you have not obtained written reasons.

For example, if this date was a Wednesday, the EAT must receive your appeal no later than 4pm on the Wednesday 42 days (6 weeks) later. You must get your appeal to the Employment Appeal Tribunal (not the employment tribunal office) in plenty of time before the end of the 42 day period, particularly if you choose to send your notice of appeal by post as you must allow for postal delays.

If you have not received an acknowledgement from the EAT within 7 days of posting the notice of appeal, you should contact the EAT to confirm they have received your appeal.

In England and Wales:

• phone: 020 7273 1041
• fax: 01264 785 028
• email: Londoneat@justice.gov.uk

In Scotland:

• phone 0131 225 3963
• fax 01264 785 030
• email Edinburgheat@justice.gov.uk

Relationship between application for reconsideration and appeal

An application for reconsideration does not change or extend the 42 day time limit for appealing. If you apply to the tribunal to reconsider its judgment, you may also appeal to the Employment Appeal Tribunal. You must also lodge with the Employment Appeal Tribunal a copy of the application for reconsideration and, if such application has been heard and determined, then also a copy of the tribunal’s judgment on the reconsideration application. When you have made an appeal, the Employment Appeal Tribunal may want to examine documents or other exhibits produced in evidence at the hearing.

The tribunal normally destroys files within one year of sending the judgment to the people involved but if there is an appeal the file will be kept for longer.

Asking for written reasons for the judgment

You should make your request for written reasons for your judgment at the hearing or within 14 days of the date on which the judgment was sent to the parties. That request should be made to the tribunal office which sent the judgment.

Legal advice (on appeals) and legal representation

Depending on your financial situation, you may be able to get free or reduced cost legal advice about reconsiderations and appeals. You may also be able to get representation free or at a reduced cost for an appeal before the Employment Appeal Tribunal.

You will need to show:

• that according to a test of your income and savings, you cannot afford to pay for representation yourself; and
• that your case is strong enough to make it worthwhile for you to be represented out of public funds

In England and Wales

If your case concerns discrimination in employment, you may be eligible for free legal aid advice.

Visit www.gov.uk/legal-aid to find out more or contact Civil Legal Advice on 0345 345 4345.

In Scotland

Legal aid is available if you meet certain conditions. If you have questions about legal aid or advice, contact a solicitor or the The Scottish Legal Aid Board, Thistle House, 91 Haymarket Terrace, Edinburgh, EH12 5HE (phone 0131 226 7061).

To find out more about public funding for legal services, see the Scottish Legal Aid Board’s website at www.slab.org.uk.

If you have not received the money the tribunal awarded you

Employment tribunals are not responsible for the enforcement of their own awards. If you do not receive the money which the tribunal has awarded you will need to pursue it through one of the enforcement methods available.

You can inform a penalty officer, who may issue a financial penalty notice to the respondent. You may also be able to get a court to force them to pay. You will not be able to do either of these, if the respondent has appealed, or is about to.

Informing a penalty officer

If the respondent has not paid your award, you can contact a penalty officer who will issue a warning notice to let them know that they may have to pay a financial penalty to the government. This is in addition to the award you are owed. If the warning notice is ignored and payment is still not made the penalty officer may issue the respondent with a financial penalty.

The service of the penalty officer is free of charge and is intended to encourage the employer to pay the award you are owed. With your consent, your employer could also be publicly named on GOV.UK for not paying your award within a reasonable time.

You can notify the penalty officer by completing a penalty enforcement form. You can download the penalty enforcement form or email etpenalties@businessandtrade.gov.uk to request a copy.

If the award remains unpaid, you can still apply to the court to force them to pay.

In England and Wales the enforcement route is through the county court, however you can use the Employment Tribunal Fast Track scheme to assist you. This scheme allows you to have a high court enforcement officer (HCEO) assigned to your case as soon as the respondent has failed to make the payment as directed by the Tribunal. Once appointed the HCEO will commence enforcement proceedings within the county court on your behalf.

Details of the scheme and its requirements can be found in publication EX727, which can also be obtained from your local county court.

A requirement of the Employment Tribunal Fast Track scheme is that the original notification of the award is filed with the court. If you need a certified copy of the judgment, you can get one free of charge by applying to the Tribunal office dealing with your case.

The HCEO will issue a writ on your behalf, which will allow them to seize and sell the respondent’s goods if money is not forthcoming. If, however, you would prefer to use a different method of enforcement or just not use the Fast Track scheme, then form N322B can be obtained from your local county court.

Find further information about making a claim to the Employment Tribunal.

In Scotland, you should write to the office in which your case was heard asking for an extract of the judgment. You will be sent an extract of the judgment by the tribunal office which a sheriff ffficer may use to enforce the payment. Once the extract has been issued the tribunal can do no more to help you with enforcement. Do not ask for an extract until the end of the time allowed for appeal to the Employment Appeal Tribunal, that is, 42 days from the date on which the judgment was sent to you.

If you do not comply with the tribunal’s judgment

You must abide by the tribunal’s judgment. If you have been ordered to make a payment to the other party/parties and you fail to do this, within the directed timescale, you may be issued with a financial penalty and the following consequences will apply.

If you are a respondent in England and Wales:

• enforcement action for the amount outstanding can be issued against you in the county court or High Court
• all methods of Court enforcement (including execution, distress, bankruptcy and insolvency) will be available to the other party/parties
• if enforcement action is taken against you, the county court or High Court in which this action is taken will provide the following details of the award to Registry Trust Ltd, and the details will be automatically entered in the Register of Judgments, Orders, Fines and Tribunal Decisions:
  • your full name
  • your address
  • your date of birth (if known)
  • the amount of the award
  • the case number
• this Register is maintained by Registry Trust Ltd. The Register can be searched by members of the public and is often consulted by banks, building societies and credit companies when considering applications for credit and other actions
• once entered, your personal details and the details of your debt will remain on this register for a period of 6 years unless paid within one month of registration

If you are a respondent in Scotland

A sheriff officer will be able to enforce an Employment Tribunal judgment in the same way as if it were a sheriff court decree. The sheriff officer will take such steps as may be appropriate in the circumstances to enforce payment of the award and, if all else fails, it is open to the creditor to apply to the court to have the debtor sequestrated (judged bankrupt).

Please remember any enforcement action will result in additional costs, which will be added to the amount outstanding and for which you will be responsible.

Financial penalties

Employment tribunals will have the power, where a claim has been made after 6 April 2020, to order a respondent who has lost a case to pay a financial penalty of up to £20,000 if it considers that the respondent’s breach of the claimant’s employment rights had ‘one or more aggravating features’. The minimum amount of any penalty will be set at £100.

Where a financial penalty has been ordered against a respondent the financial penalty will be payable to the Secretary of State and not to the claimant.

You will be contacted by a Debt Collection Agency appointed by the Department for Business and Trade who will explain the payment process.

If the penalty is paid within 21 days sum payable will be reduced by 50%.

Enforcing orders for reinstatement, re-engagement and recommendations

If the tribunal has ordered your employer either to reinstate or re-engage you or, in a discrimination case, made a recommendation, and the order or recommendation has not been carried out or complied with you should write to the tribunal office handling your case. You must do this as soon as the date for your employer to comply with the order has passed. The tribunal will then arrange a further hearing before the same tribunal and it may order your employer to pay you extra compensation.

Redundancy and other payments and insolvent employers

If the tribunal has decided that you are entitled to a redundancy payment and you are having difficulty getting your former employer to pay you, or it made an award for unpaid wages, holiday pay, notice pay or guarantee pay and your employer is insolvent, you should contact the Redundancy Payments Service.

Redundancy payments helpline:

Phone: 0330 331 0020 Monday to Friday, 9am to 5pm

Employment tribunal offices

Aberdeen

Ground floor, AB1
48 Huntly Street
Aberdeen
AB10 1SH

Phone: 01224 593 137
Email: aberdeenet@justice.gov.uk

Bristol

Bristol Civil and Family Justice Centre
2 Redcliff Street
Bristol
BS1 6GR

Phone: 0117 929 8261
Email: bristolet@justice.gov.uk

Dundee

Ground Floor
Endeavour House
Greenmarket
Dundee
DD1 4BZ

Phone: 01382 221578
Email: dundeeet@justice.gov.uk

East London

2nd Floor
Import Building
2 Clove Crescent
London
E14 2BE

Phone: 020 7538 6161
Email: eastlondon@justice.gov.uk

Edinburgh

54-56 Melville Street
Edinburgh
EH3 7HF

Phone: 0131 226 5584
Email: edinburghet@justice.gov.uk

Glasgow

The Glasgow Tribunals Centre
20 York Street
Glasgow
G2 8GT

Phone: 0141 204 0730
Email: glasgowet@justice.gov.uk

Leeds

West Gate
6 Grace Street
Leeds
LS1 2RP

Phone: 0113 245 9741
Email: Leedset@justice.gov.uk

London Central

Victory House
30-34 Kingsway
London
WC2B 6EX

Phone: 020 7273 8603
Email: londoncentralet@justice.gov.uk

London South

Montague Court
101 London Road
West Croydon
CR0 2RF

Phone: 020 8667 9131
Email: londonsouthet@justice.gov.uk

Manchester

Alexandra House
14-22 The Parsonage
Manchester
M3 2JA

Phone: 0161 833 6100
Email: manchesteret@justice.gov.uk

Midlands (East)

Nottingham Justice Centre
Carrington Street
Nottingham
NG2 1EE

Phone: 0115 947 5701
Email: midlandseastet@justice.gov.uk

Midlands (West)

Centre City Tower
7 Hill Street
Birmingham
B5 4UU

Phone: 0121 600 7780
Email: midlandswestet@justice.gov.uk

Newcastle

Newcastle Civil Family Courts and Tribunal Centre
Barras Bridge
Newcastle Upon Tyne
NE1 8QF

Phone: 0191 205 8750
Email: newcastleet@justice.gov.uk

Wales

Cardiff and the Vale Magistrates Court
Fitzalan Place
Cardiff
South Wales
CF24 0RZ

Phone: 029 2067 8100
Email: waleset@justice.gov.uk

Watford

3rd Floor
Radius House
51 Clarendon Rd
Watford
WD17 1HP

Phone: 01923 281 750
Email: watfordet@justice.gov.uk

Our offices are open from 9.00am to 5.00pm Monday to Friday.

We will direct you to a map showing the location of the office where the hearing has been arranged.